12/4/08 - US Dept. of Labor fines Hudson construction firms $491,000 for misclassifying workers - Three Hudson firms - Dipat Construction, Jerry Construction, and Kel-Rick Construction Management - were fined almost half a million dollars for violating requirements on minimum wage, overtime, and recordkeeping. According to the Department of Labor's George Rioux, "Our investigation found that these employers were intentionally misclassifying workers as independent contractors instead of 'employees' to avoid paying them time-and-a-half overtime [for] hours they worked." Source - US Department of Labor.

10-21-09 - New Report: Many N.H. Jobs Don't Pay Livable Wage - A new study reports that 79 percent of jobs in New Hampshire do not pay a wage sufficient for single-parent families with two children to provide basic needs such as housing, food, transportation, child care and health care. One in three New Hampshire workers is employed in one of 65 jobs - primarily service positions -- in the state with a median hourly wage below $11.07, the estimated livable wage for a single-person household. "It's important to understand that just because people have jobs, they may not be doing O.K.," says author Daphne Kenyon, noting that workers not making a livable wage may go without basic needs like health insurance or may work more than 40 hours per week. To download a copy of the report, go to: http://carseyinstitute.unh.edu/publications/IB-NHLivableWage08.pdf.

10-18-08 - Jobsite Accident in Waltham Leads to Deaths of Two Carpenters - Two members of New Hampshire Carpenters Local 118 were killed as the result of an accident on a job in Waltham, Massachusetts on Friday, October 10. Union Brothers Peter Marchese and Chris Beste were hurt when a lift they were moving went over. Marchese was killed instantly. Beste passed away Monday evening due to head injuries suffered in the accident.
The members were employed by Lymo Construction of Merrimack, New Hampshire and had been putting exterior metal panels on an AstraZeneca building.
    Marchese, 40, was a resident of Nashua, New Hampshire a 4-year member of the UBC, and a longtime employee of Lymo. He leaves behind a wife, and two children: a daughter, age five, and a son, age two. A service was held Tuesday afternoon in Nashua; it was standing room only. Burial is to be private. Lymo is establishing a fund to support Marchese’s family. Information will be forwarded as soon as it is available.
   Beste, 30, was also a four year member who was engaged to be married. He was a resident of Manchester, New Hampshire. Arrangements are not yet known, but will be forwarded in accordance with his family’s wishes.
   NH COSH expresses its deepest sympathies to the families of Chris Beste and Peter Marchese, as well as to the members of Local 118, for this tragic loss.

9/1/08 - NH minimum wage increases - The minimum hourly wage for NH workers increased to $7.25 on September 1, 2008. Tipped employees are guaranteed a minimum wage of 45% of these rates.
    NH COSH points out that, although the increase is welcome, the minimum wage is far less than the “livable wage,” the amount a worker really needs to survive. According to the National Low Income Housing Coalition, a worker needs to earn $19.45 per hour to afford a 2-bedroom apartment in NH.

8/08 - OSHA proposal would slow regulation of toxics - A proposed rule published August 28 in the Federal Register would slow development of stronger limits on toxic chemicals, despite the fact that existing regulations are far too weak, often dating back to the 1970s. The proposed rule would also weaken the risk-assessment process. OSHA kept the the proposal under cover for as long as possible, prompting many in the public health community to call it a "secret rule."
    According to the Washington Post, OSHA "did not disclose the proposal, as required, in public notices of regulatory plans that it filed in December and May. Instead, Labor Secretary Elaine L. Chao’s intention to push for the rule first surfaced on July 7, when the White House Office of Management and Budget (OMB) posted on its Web site that it was reviewing the proposal, identified only by its nine-word title." Sources: AFL-CIO Now Blog, Washington Post.

8/20/08 - OSHA fines Manchester contractor for cave-in hazards - The NH OSHA office proposed $25,000 in fines against Manchester contractor Alexis Construction LLC for failing to protect 6-7-foot-deep trench walls against cave-in. Cave-ins are a frequent cause of construction worker fatalities.

7/29/08 - OSHA fines New England Wood Pellet $135,000 -The Jaffrey manufacturer was cited for two willful violations for combustible dust hazards and pulleys without safety guards. In addition, serious violations were issues for other hazards that were likely to cause death or serious physical harm. Based on report in Keene Sentinel.

6/08 - Task force to crack down on misclassification - Five NH agencies have formed a task force to crack down on misclassification of employees, especially by construction contractors. According to Labor Commissioner George Copadis, "The problem of worker misclassification in New Hampshire harms workers and law-abiding businesses within the state." Agencies involved include New Hampshire's Departments of Labor, Employment Security, Insurance, and Revenue Administration.

6/08 - OSHA posts safety info for flood and tornado cleanup workers - In addition, see the NIEHS Disaster Response Resources Page.

6/08 - OSHA cracks down after crane fatalities - In late June, OSHA is is responding to the rise in construction fatalities in New York City, where 20 employees have died in construction-related accidents since January.
    For two weeks beginning 6/23/08, OSHA brought a dozen additional inspectors into the city to conduct proactive inspections of high-rise construction sites, cranes and other places where fatalities and serious accidents have been occurring.
   However, according to Joel Shufro of NY COSH, "OSHA has never had the resources or support to accomplish its mission of providing workers with safe and healthful workplaces. And that's only gotten worse over recent years."
   Meanwhile, construction fatalities, including crane accidents, have continued in this summer in NYC, Las Vegas, and across the country. Based on press sources.

6/08 - Indictments in two NH workplace fatalities - In two separate cases this month, New Hampshire employers were charged with negligent homicide for workplace fatalities. According the Manchester Union Leader, Maurice Buzzell of Buzzell Tree Service was accused in the death of Kingston 22-year-old Jon Paul LaVigueur, known to his family and friends as JP. Also in June, a Cheshire County grand jury indicted Corbett Creek Farm owner Mary Corbett for negligent homicide and manslaughter in the death of 17-year-old Travis DeSimone. According to reports, Corbett directed DeSimone to cut pipes in an unstable wall, causing it to collapse. OSHA issued citations for willful safety violations in both cases.
    Unfortunately, even though both employers were cited by OSHA, no felony indictments are possible at the federal level because federal law treats willful safety violations leading to worker deaths as at most misdemeanors. Moreover, OSHA’s fine against Buzzell was only $12,500. Fines are limited under OSHA’s rules.
   The Protecting America’s Act (HR 2049) would increase OSHA penalties in worker deaths, allow federal felony prosecutions, and increase protection for workers reporting unsafe conditions. Rep. Carol Shea-Porter, who sits on the House Workforce Protections Subcommittee, is a co-sponsor. Rep. Paul Hodes has not signed on. Nor have Senators Judd Gregg and John Sununu signed on to the companion Senate bill, S 1244.

6/11/08 - OSHA cites construction contractors for hazards at Concord McDonald's site -. OSHA fined Massachusetts contractors Shawnlee Construction and James T. Lynch Contractors for construction safety hazards at a McDonald's restaurant on Loudon Road in Concord. Violations included lack of fall protection and lack of cave-in protection. The fines follow an OSHA inspection at the site last November. Based on a report from the Concord Monitor.

4/08 - Freight company cited in worker death - Following the death of 52-year-old Luke Tenhave, who was penned under a forklift last October, OSHA has issued fines of more than $100,000 against Con-Way Freight for willful, repeat, and serious safety violations. According to OSHA, Con-Way, a nationwide firm, has refused to follow safety standards even though a similar fatality occured at its Dallas facility in 2003. Based on report in Manchester Union Leader.

4/7/08 - Carpenters union hails decision on injured worker - The New England Regional Council of Carpenters is applauding the New Hampshire Department of Labor for awarding workers compensation coverage to an injured nonunion carpenter who was misclassified as an independent contractor.
    The NH DOL ruled that Celso Mena of Nashua should have been covered by the company’s workers compensation policy because the relationship was consistent with the definition of an employee rather than an independent contractor.
   “This should serve as a warning to construction employers in New Hampshire,” said John Jackson, Business Representative for Carpenters Local 118, an affiliate of the New England Regional Council. “For too long, employers have misclassified carpenters in order to fraudulently lower their operating costs. That leaves workers vulnerable and puts honest companies at a competitive disadvantage.”
   On July 30, 2007, Mena suffered severe injuries when his left foot was almost severed from his leg in a fall from baker staging that tipped over on the site where a Hinsdale public school was being built. Some of his injuries are likely to be permanent and leave him unable to work in construction.

2/08 - Dover AT&T workers join CWA - 600 AT&T workers at a Dover call center have joined CWA Local 1298. The workers decided to join the union because of concerns with salaries, benefits, job security, and fairness on the job. Their decision was the largest private sector organizing victory for workers in NH since 1966. Based on CWA press release.

2/08 - OSHA recordkeeping chief says injuries are underreported - OSHA record-keeping chief Bob Whitmore recently told the Charlotte Observer that OSHA allows employers to greatly underreport workplace injuries and illnesses. Whitmore has risked his job by publicly criticizing OSHA, and is currently on administrative leave. Based on press report.

2/08 - OSHA cites Kingston, NH tree company in worker death - OSHA proposed $19,250 in fines against Kingston's Buzzell Tree Service for safety violations related to the death of 22-year-old Jon Lavignueur last August. Lavignueur was killed by a falling pine tree. The firm was cited for safety violations in workplace practices, training, and protective equipment. Based on press report.

1/08 - 100,000 asbestos deaths worldwide - 80 trade unionists from 36 countries met in Vienna to discuss how to achieve a worldwide ban on all types of asbestos. Building and Woodworkers' International's President Klaus Wiesehugel said that the aggressive worldwide lobbying of the asbestos industry, especially in Africa and Asia, is resulting in increased asbestos use in developing countries. Based on report at www.bwint.org.

1/28/08 - Pembroke NH contractor faces $76,500 in fines for Hillsborough cave-in hazard - OSHA has proposed fines of $76,500 against Pembroke-based East Coast Utilities for willful and serious violations at a Hillsborough job site last summer. Hazards included an unprotected excavation 8 to 11 feet in depth and a backhoe without a backup alarm. Based on OSHA news release.

1/26/08 - Texas BP refinery just keeps on killing - Investigators have opened an investigation into the latest death at BP's Texas City Refinery, the third since 15 people were killed there in a catastrophic March 2005 explosion. Observers say that the refinery's safety problems can be traced back to BP's failure to provide safe conditions, despite warnings of serious hazards. Based on reports by "Hazards" and National Public Radio.

1/16/08 - Mexico: Massive miner walkout for safety - Over a quarter million Mexican miners walked off the job in January 16, denouncing a government attack on workers striking over horrendous health and safety conditions at Mexico's largest copper mine, Cananea, in the northern state of Sonora.

1/9/08 - Marlborough farm fined $84,200 in teen worker's death - The teenager was killed when a fractured and leaning concrete and stone wall fell on him while he was performing demolition work inside the barn. OSHA's inspection found that the he and other workers were assigned to work within the wall's collapse zone, even though the wall presented a clearly recognized hazard. Based on OSHA news release.

1/3/08 - NH Legislature repeals key provision of workers' comp bill - Responding to complaints by small business owners, the Legislature repealed a provision that would have prevented unscrupulous construction companies from misclassifying workers as independent contractors. Misclassification allows the companies to avoid providing workers' compensation coverage for the workers, who are then left without resources if hurt on the job. The provision was part of HB 471. Based on an article in the Concord Monitor.

1/08 - IBEW criticizes Verizon's safety record after third worker dies - An article in Electrical Worker links three recent workplace deaths at Verizon to the company's failure to emphasize safe working conditions. According to IBEW President Edwin D. Hill, "There has been a troubling increase in the number of serious accidents on the Verizon property with too many of these accidents resulting in fatalities. Our own ... investigation indicates that most of the recent accidents could have been avoided had the employees been trained and encouraged to work in compliance with safety rules." The most recent fatality occured in October, when Gary Gibbons, a 53-year-old splicing technician and a member of Massachusetts IBEW Local 2322, was electrocuted. According to IBEW's Miles Calvey, none of the company's truck buckets are insulated. This safety feature could have helped save Gibbons' life.

1/08 - Congress increased oversight of OSHA in 2007 - According to an article on the Occupational Hazards website, Congress increased oversight of OSHA in 2007, motivated by frustration at the failure by OSHA leaders in Washington to make progress on several important health and safety issues. As a result, OSHA has finally issued a standard requiring employers to pay for personal protective equipment . In addition, Congress spurred OSHA to begin regulating the chemical diacetyl, which has caused devastating lung disease for workers making microwave popcorn. Congress also held hearings on topics such as OSHA's failure to investigate oil refineries or protect 9/11 cleanup workers.